Dear All
One of our Employee designated as Manager (Bills Realisation Department) died in a Road Accident after duty hours recently. His nature of work is of field work and he has to visit customers places for submission of invoices and realisation of the same.
After his normal working hours he went to his residence and from there he went to attend a family funcion. While returning in his bike he met with an accident around 10.00 p.m. and died in the hospital due to head injuries.
His basic salary is Rs.9000/- and gross is Rs.18500/-.
We do not have any accident cover for the employees and he is also not covered under ESI.
He has been working with us for the past 3 years and 9 months.
1. Is he eligible of gratuity for 4 years or upto his date of retirement. Our retirement age is 60 years and he was 49 years of age at the time of death? We do not have any tie up with insurance company for gratuity scheme.
2. His family is now requesting compensation amount from the company apart from his full and final. Does the company legally has to give any compensation apart from gratuity and other dues, if yes what is the amount to be given?
Kindly suggest
Regards
erv
From India, Madras
One of our Employee designated as Manager (Bills Realisation Department) died in a Road Accident after duty hours recently. His nature of work is of field work and he has to visit customers places for submission of invoices and realisation of the same.
After his normal working hours he went to his residence and from there he went to attend a family funcion. While returning in his bike he met with an accident around 10.00 p.m. and died in the hospital due to head injuries.
His basic salary is Rs.9000/- and gross is Rs.18500/-.
We do not have any accident cover for the employees and he is also not covered under ESI.
He has been working with us for the past 3 years and 9 months.
1. Is he eligible of gratuity for 4 years or upto his date of retirement. Our retirement age is 60 years and he was 49 years of age at the time of death? We do not have any tie up with insurance company for gratuity scheme.
2. His family is now requesting compensation amount from the company apart from his full and final. Does the company legally has to give any compensation apart from gratuity and other dues, if yes what is the amount to be given?
Kindly suggest
Regards
erv
From India, Madras
Whether he was covered under PF? if covered he also should cover under EDLI Scheme under PF & MP Act 1952. Kindly go through the act. According to the PF & MP Act 1952 who are covered under in this act as PF members they also should cover under EDLI for life insurance. It will gives the death claim benefit to the legal heir of the deceassed employee, which have zero ruppes contribution from employee and only premium will be paid by the employer.
According to you the incedent has happend after the working hours, i think there is no need to pay any other compensations.
From India, Bellary
According to you the incedent has happend after the working hours, i think there is no need to pay any other compensations.
From India, Bellary
As the death has happened not while on duty or the notional extension of time and place do not match (since the death has happened not while going back from office at the normal time of his travelling from the office but has happened while going to or coming from a family function) no compensation under the Workmen (Employees) Compensation Act is payable to his dependents by the employer. Yes, as stated by Guru, his dependents can get compensation as admissible under the Employees Deposit Linked Insurance Scheme of the Employees Provident Fund and that will be restricted to Rs 130000.
Regards,
Madhu.T.K
From India, Kannur
4242Regards,
Madhu.T.K
From India, Kannur
yes, Gratuity is payable on employee's death where accidental or natural irrelevant.
so from your H.R. Deptt, payable is
Gratuity, Superannuation if applicable, LTA, PL/EL/Annual Leaves,
and to P.F. Authority for his nominee's pension+edi benefits.
From India, Ahmadabad
so from your H.R. Deptt, payable is
Gratuity, Superannuation if applicable, LTA, PL/EL/Annual Leaves,
and to P.F. Authority for his nominee's pension+edi benefits.
From India, Ahmadabad
Dear ERV,
1. Is he eligible of gratuity for 4 years or upto his date of retirement. Our retirement age is 60 years and he was 49 years of age at the time of death? We do not have any tie up with insurance company for gratuity scheme.
He is eligible for 4 yrs gratuity amount.
2. His family is now requesting compensation amount from the company apart from his full and final. Does the company legally has to give any compensation apart from gratuity and other dues, if yes what is the amount to be given?
He is not eligible for WC benefit.
But if the management decides they can go for an minimal compensation so that it will create a good morale / good will among the other workers in the organisation.
Apart from this you can apply for PF pension and EDLI insurance as stated by Guru. Also you can give a job opportunity to his family members if they are suitable for any of the vacancy position in your organisation
From India, Mumbai
1. Is he eligible of gratuity for 4 years or upto his date of retirement. Our retirement age is 60 years and he was 49 years of age at the time of death? We do not have any tie up with insurance company for gratuity scheme.
He is eligible for 4 yrs gratuity amount.
2. His family is now requesting compensation amount from the company apart from his full and final. Does the company legally has to give any compensation apart from gratuity and other dues, if yes what is the amount to be given?
He is not eligible for WC benefit.
But if the management decides they can go for an minimal compensation so that it will create a good morale / good will among the other workers in the organisation.
Apart from this you can apply for PF pension and EDLI insurance as stated by Guru. Also you can give a job opportunity to his family members if they are suitable for any of the vacancy position in your organisation
From India, Mumbai
Dear All
Can the dependants go for legal action against the company for not providing any insurance benefits to the employee while he was on duty.
His designation is Manager in Bills Realisation Department and his nature of work involves field work.
Regards
erv
From India, Madras
Can the dependants go for legal action against the company for not providing any insurance benefits to the employee while he was on duty.
His designation is Manager in Bills Realisation Department and his nature of work involves field work.
Regards
erv
From India, Madras
Hope the above replies are sufficient to say that since the death has happened while off duty, the employer is not liable to pay any compensation. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
Sir
Continuing with the Gratuity, if anything happens to the employee
& he could not join to the company after serving more than 9 years
considering his age at that time 45 years whether he is eligile for gratuity for
remaining 15 years
Regrads
Satish
From India, Belgaum
Continuing with the Gratuity, if anything happens to the employee
& he could not join to the company after serving more than 9 years
considering his age at that time 45 years whether he is eligile for gratuity for
remaining 15 years
Regrads
Satish
From India, Belgaum
He is eligible of gratuity even it is natural death for his full service . It is the Management's responsibility to pay the gratuity.
As per Sec 4 clause c. that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement
Sec 9 clause 2 says...
An employer who contravenes, or makes default in complying with, any
of the provisions of this Act or any rule or order made there under shall be
punishable with imprisonment for a term which shall not be less than three
months but which may extend to one year, or with fine which shall not be
less than ten thousand rupees but which may extend to twenty thousand
rupees, or with both:
Regards
Kaleswara Rao
From India, Guntur
As per Sec 4 clause c. that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement
Sec 9 clause 2 says...
An employer who contravenes, or makes default in complying with, any
of the provisions of this Act or any rule or order made there under shall be
punishable with imprisonment for a term which shall not be less than three
months but which may extend to one year, or with fine which shall not be
less than ten thousand rupees but which may extend to twenty thousand
rupees, or with both:
Regards
Kaleswara Rao
From India, Guntur
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